HC relief for 4 acid attack survivors
MUMBAI: The Bombay High Court has granted permission to four individuals to apply for benefits under the 2022 compensation scheme designed for victims of sexual and other crimes.
Even after delays, the ruling underscores the high court’s recognition of the urgent needs of the applicants to access the new scheme. This scheme eliminates the previous cap of ₹5,00,000 on compensation, providing crucial support to the victims.
The court deemed the current case as deserving because the petitioners, after enduring an acid attack, had to seek compensation through this court. As the 2022 scheme was introduced during the proceedings, the court found it appropriate to allow them to apply for compensation under this scheme. The move aligns with directives from the Supreme Court for determining compensation on a case-by-case basis.
The petitioners, three acid attack victims and the daughter of one of them, who was a minor at the time of the assault in October 2010, endured severe injuries inflicted by acid at the hands of their elder sister, husband, and son.
The victims underwent extensive medical treatment, including multiple reconstructive surgeries, initially at Bhabha Hospital and later at KEM Hospital.
The financial burden of these procedures forced them to liquidate most of their assets. Even after receiving a compensation of ₹3 lakh under the state’s victim compensation scheme in 2016, they sought further compensation, citing the Supreme Court’s stance on the matter.
Advocate Kanhaiya S Yadav represented the petitioners when they approached the Bombay High Court in 2016, seeking free medical treatment in line with previous legal precedents. The court, granting interim relief in 2017, awarded an additional ₹2 lakh as compensation. In 2022, the state of Maharashtra introduced the Maharashtra Victim Compensation Scheme for Women Victims/survivors of Sexual Assault/other Crimes, providing a framework for determining and disbursing compensation.
During a recent hearing, the petitioners expressed their intention to benefit from the new scheme. However, the state argued against it, citing a limitation clause requiring claims to be made within three years of the offence or conclusion of the trial.
A bench comprising Justices AS Chandurkar and Jitendra Jain found the case deserving of consideration, considering the traumatic nature of the acid attack and the subsequent legal proceedings.
The court ruled that the petitioners could indeed apply for compensation under the 2022 scheme, provided they do so within four weeks.